News & Analysis as of

Lack of Jurisdiction Standing

Wiley Rein LLP

Federal Circuit Expands Standing and Jurisdiction in Protests at the Court

Wiley Rein LLP on

WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Best Medical Int’l, Inc. v. Elekta Inc., 46 F.4th...

Varian filed two petitions for IPR of BMI’s ’096 patent, which the Board instituted. Elekta filed copycat petitions and successfully joined Varian’s two instituted IPRs. A previously filed, parallel ex parte reexamination on...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Jones Day

Expired Patents Can Be Challenged

Jones Day on

Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v....more

Troutman Pepper

Signing Bonuses and Article III Standing: Seventh Circuit Reverses and Remands District Court Entry of Summary Judgment for...

Troutman Pepper on

In Wadsworth v. Kross, Liberman & Stone, Inc., the Seventh Circuit Court of Appeals reversed a district court’s entry of summary judgment for the plaintiff in a Fair Debt Collection Practices Act (FDCPA) case and remanded the...more

Bradley Arant Boult Cummings LLP

It’s None of Your Business: Sixth Circuit Says Arizona Lacks Article III Standing to Intervene to Challenge a Class Settlement

Does a state, whose citizens are among the absent class members in a class action settlement, have Article III standing to challenge the supposed unfairness of the settlement? In Chapman v. Tristar Products, Inc., the Sixth...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Is Recycling Constitutionally Protected Political Speech? Federal Court Addresses Standing Issue

Plaintiff Randall S. Krause filed a pro se Complaint in the United States District Court (Nebraska) alleging that recycling is constitutionally protected political speech. See Krause v. Metropolitan Entertainment & Convention...more

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